MILLVILLE — In a vote that was met with public outcry, the Millville Board of Education appointed Walter Kappeler as the new principal of Silver Run School on Monday night.

Two board members from sending districts abstained from the vote, leaving four votes in favor of Kappeler and three against the appointment.

Board Solicitor Arnold Robinson announced immediately after the vote that five affirmative votes were needed to proceed. But the following day, Robinson reversed the opinion after a review of Robert’s Rules of Order, a guide for meeting procedure.

He said a majority was needed of the voting membership, and that abstentions do not count as voting members toward a majority.

According to the New Jersey School Boards Association (NJSBA), however, board voting requirements state actions including “appointing and fixing the term of an Administrative Principal (N.J.S.A. 18A: 17-20.5)” “must pass by an affirmative vote of a majority of the full membership of the board.”

State statute N.J.S.A. 18A:1-1 defines “full membership” as “the number of board members when all the members’ seats are filled. A ‘majority of the full membership’ means a majority of that number.”

The Robert’s Rules, according to The Official Robert’s Rules of Order website, specifically define “abstention” as a refusal to vote, and that abstentions have “absolutely no effect on the outcome of the vote” “in the usual situation.”

The rule, however, further states that “if the vote required is a majority or two thirds ... of the entire membership, “an abstention will have the same effect as a ‘no’ vote. Even in such a case, however, an abstention is not a vote and is not counted as a vote,” the Robert’s Rules website states.

One could interpret these guidelines as counting the two abstentions from the sending district members as “no” votes, giving four “yes” votes for Kappeler’s appointment as Silver Run principal, and five “no” votes against.

In an interview with The News on Thursday night, Board President William Herman deferred to Robinson’s interpretation of the Robert’s Rules.

“According to Robert’s Rules, we don’t count abstentions,” Herman said. “The four votes in favor (of the appointment) would have represented the majority.”

As of Thursday evening, no members of the board have disputed Robinson's legal opinion.

During a Kiwanis meeting Thursday afternoon, Superintendent Dr. David Gentile said that two committees were formed to review Kappeler’s eligibility as the new principal.

“It was a detailed process,” Gentile said. “We screened their input and made a decision using the information from both committees.”

Gentile would not elaborate.

UPDATED: After reviewing the information online (posted above) from the News, Joe Pepitone, school board member and former freeholder said he plans to contact the superintendent Friday to request a meeting with the board to discuss the situation.

The controversy stemmed from an application for the job from Assistant Principal Judy Kessler, who has been in the school system for 39 years and has worked extensively in the community.

“One person at the meeting said that Kessler does more than anyone on the committee (school board) put together,” City Commissioner Jim Quinn told the News Thursday. “She is the center city. She did all our neighborhood walks, met with parents. She’s just a good person. I would have supported Judy.”

Kappeler is slated take the position of principal next Tuesday, replacing Dr. Pamela Moore, who has been promoted as an assistant superintendent.